Anti-Corruption & Bribery Policy
1 Policy
This policy applies to Documation Software Ltd & DS Professional Services Ltd (“Documation”).
It is Documation’s policy to conduct all of our business in an honest and ethical manner. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly and with integrity in all our business dealings and relationships wherever we operate. We are also committed to implementing and enforcing effective systems to counter bribery.
We will uphold all laws relevant to countering bribery and corruption in all the jurisdictions in which we operate. However, we remain bound by the laws of the UK, including the Bribery Act 2010, in respect of our conduct both at home and abroad.
Documation team members must be aware that bribery and corruption are punishable for individuals by up to ten years’ imprisonment and if we are found to have taken part in corruption we could face an unlimited fine, be excluded from tendering for public contracts and face damage to our reputation. We therefore take our legal responsibilities very seriously.
In this policy, third party means any individual or organisation that comes into contact with us, and includes actual and potential clients, customers, suppliers, distributors, business contacts, agents, advisers, and government and public bodies, including their advisors, representatives and officials, politicians and political parties.
2 Who is covered by the policy?
This policy applies to:
(a) All individuals working at Documation (whether permanent, fixed-term or temporary), consultants, contractors, trainees, casual workers and agency staff, interns or any other person associated with us, or any of our subsidiaries or their employees, wherever located (collectively referred to as workers in this policy); and
(b) Third parties. Where we engage with third parties, we will undertake appropriate steps to ensure that they comply with the principles set out in this policy.
This policy corresponds with related clauses in the Managed Service Agreement which we make with our clients.
3 What are bribery and corruption?
A bribe is an inducement or reward offered, promised or provided in order to gain any commercial, contractual, regulatory or personal advantage, which may constitute an offence under the Act, namely:
- Giving or offering a bribe;
- Receiving or requesting a bribe; or
- Bribing a foreign public official.
Corruption is the misuse of office or power for private gain.
4 What is not acceptable?
This policy does not prohibit normal and appropriate gifts and hospitality (given and received) to or from third parties unless otherwise specifically stated. However, we do not (nor do we procure someone to):
(a) give, promise to give, or offer, a payment, gift or hospitality with the expectation or hope that a business advantage will be received, or to reward a business advantage already given;
(b) give, promise to give, or offer, a payment, gift or hospitality to a government official, agent or representative to “facilitate” or expedite a routine procedure;
(c) accept payment from a third party that we know or suspect is offered with the expectation that it will obtain a business advantage for them;
(d) accept a gift or hospitality from a third party if we know or suspect that it is offered or provided with an expectation that a business advantage will be provided by us in return;
(e) threaten or retaliate against another worker who has refused to commit a bribery offence or who has raised concerns under this policy; or
(f) engage in any activity that might lead to a breach of this policy.
5 Facilitation payments and kickbacks
We do not make, and will not accept, facilitation payments or “kickbacks” of any kind. Facilitation payments are typically small, unofficial payments made to secure or expedite a routine government action by a government official.
Kickbacks are typically payments made in return for a business favour or advantage. We avoid any activity that might lead to, or suggest, that a facilitation payment or kickback will be made or accepted by us.
6 Donations
We do not make contributions to political parties. We only make charitable donations that are legal and ethical under local laws and practices.
7 How to raise a concern
The prevention, detection and reporting of bribery and other forms of corruption are the responsibility of all those working for Documation. All workers are required to avoid any activity that might lead to, or suggest a breach of this policy.
Workers are required to notify the Finance and Administration manager (or the CEO if the FAM is implicated or suspected) as soon as possible if it is believed or suspected that a conflict with this policy has occurred, or may occur in the future, or if they are offered a bribe, are asked to make one, suspect that this may happen in the future, or believe that they are a victim of another form of unlawful activity.
Both workers and third parties are encouraged to raise with us concerns about any issue or suspicion of malpractice at the earliest possible stage. Any concerns or issues should be referred to the FAM (or CEO if necessary).
8 Penalties
Any employee who breaches this policy may face disciplinary action, which could result in dismissal for gross misconduct. We reserve our right to terminate our contractual relationship with non-employee workers if they breach this policy.
9 Communication
This policy will be communicated to all workers and, where appropriate, to clients, suppliers and business partners at the outset of business relations, and as appropriate thereafter via the HR and Supplier on-boarding processes.
10 Monitoring and Review
We will monitor the effectiveness and review the implementation of this policy, regularly considering its suitability, adequacy and effectiveness. This policy can be amended by Documation at any time to improve its effectiveness at combatting bribery and corruption